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Kinningham v. State

Kinningham v. State, 21 N.E. 911 (Ind. 1889)
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Court
Indiana Supreme Court · State Highest Courts
Decided
June 8, 1889
Docket
No. 14,910
Judges
Elliott
Citations
21 N.E. 911119 Ind. 3321889 Ind. LEXIS 284
Headnotes
Criminal Law. — Arson.—Attempt to Commit. — Indictment.—An indictment charging that the defendant did unlawfully, feloniously and wilfully attempt to set fire to and burn and destroy ” a building, is bad, no act being charged. Same. — Indictment Must Stale the Acts Bone. — To constitute crime there must be both an act and a guilty intention, and the acts done by the accused must be stated in the indictment.
Summary
Prom the Decatur Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Elliott

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Elliott, C. J. —

Several objections are urged against the indictment upon which the appellant was convicted, but we deem it necessary to notice only one of them. The indictment charges in general terms that the defendant did “unlawfully, feloniously and wilfully attempt to set fire to and burn and destroy a certain frame building, commonly called a barn.-’-’ No act is charged, and the indictment is radically bad. The charge that the defendant did attempt to do a designated thing is really little more than an averment that he intended to do the thing, and to constitute crime there must be both an act and a guilty intention. Where it is sought to charge an accused with a crime, the acts done by him must be stated. 1 Bishop Crim. Law, section 659.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1889: 11905: 11915: 11930: 118892026peak 1889 · 1

Relies on it most ⓘ

  1. Hogan v. State50 Fla. 86 (1905)
  2. Turner v. State130 So. 617 (Fla. 1930)
  3. Bond v. State1915 OK CR 221, 152 P. 809
  4. Kinningham v. State22 N.E. 313 (Ind. 1889)

Most recent

  1. Turner v. State130 So. 617 (Fla. 1930)
  2. Bond v. State1915 OK CR 221, 152 P. 809
  3. Hogan v. State50 Fla. 86 (1905)
  4. Kinningham v. State22 N.E. 313 (Ind. 1889)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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